Legal Opinion

General Star Indemnity Co. v. Spring Creek Village Apartments Phase V, Inc.

Texas Court of Appeals, 14th District (Houston)

Decided November 30, 2004No. 14-02-00998-CVPublishedCited by 14 opinions

1Opinion of the Court

OPINION

CHARLES W. SEYMORE, Justice.

General Star Indemnity Company (“General Star”) appeals a judgment in favor of Spring Creek Village Apartments (“Spring Creek”) on the grounds that (1) the trial court erred in granting partial summary judgment ordering that the appraisal award was binding as to the amount of loss, (2) the evidence is insufficient to support the jury’s finding that General Star failed to comply with the insurance policy, (3) the trial court erred in directing a verdict on the issue of mitigation of damages, (4) the trial court erred in rendering judgment on the jury’s…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Delaware Underwriters & Westchester Fire Insurance v. BrockTexas Supreme Court · 1919
  3. Wells v. American States Preferred Insurance Co., Texas Court of Appeals, 5th District (Dallas)1996
  4. Central Life Insurance Co. v. Aetna Casualty & Surety Co.Supreme Court of Iowa · 1991
  5. Kitterman v. SimrallMissouri Court of Appeals · 1996

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3Cited by14 opinions

  1. McAlester Fuel Co. v. Smith International, Inc., Texas Court of Appeals, 1st District (Houston)2007
  2. Texas Windstorm Insurance Association v. Dickinson Independent School District, Texas Court of Appeals, 14th District (Houston)2018
  3. Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Co., Texas Court of Appeals, 14th District (Houston)2008
  4. Denmax Energy Services, Inc. and Battle River Holdings, Inc. v. Lightpoint Engineering, LLC, Texas Court of Appeals, 9th District (Beaumont)2024
  5. In Re Germania Farm Mutual Insurance Association v. the State of Texas, Texas Court of Appeals, 13th District2025

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